What is an EB-1 visa?
The EB-1 visa is a category of employment-based immigration visa in the United States. It is designed for individuals who possess extraordinary abilities, outstanding academic or professional achievements, or are recognized as outstanding researchers or professors.
The EB-1 visa falls under the employment-based immigrant visa preference category, which means it provides a path to lawful permanent residency (green card) for qualified individuals. Unlike most other employment-based visas that require a labor certification process and a job offer from a U.S. employer, the EB-1 visa does not require a specific job offer or labor certification.
There are three subcategories within the EB-1 visa category:
- EB-1A (Extraordinary Ability): This category is for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Applicants must provide extensive documentation of their achievements and recognition in their field.
- EB-1B (Outstanding Professors and Researchers): This category is for outstanding professors and researchers who have at least three years of experience in teaching or research and who are recognized internationally for their achievements. Applicants need to be sponsored by a U.S. employer, typically a university or research institution.
- EB-1C (Multinational Managers and Executives): This category is for multinational executives and managers who have been employed for at least one of the past three years by a qualifying multinational company. The applicant must be coming to the U.S. to work for a U.S. branch, parent, affiliate, or subsidiary of the foreign company in a managerial or executive capacity.
EB-1 visa applicants do not need to go through the labor certification process, making it a more streamlined option for obtaining permanent residency in the United States. However, the application process is complex, and applicants must meet stringent criteria to be eligible for the EB-1 visa. Additionally, due to its popularity and limited annual quota, there might be a waiting period before an applicant can apply, depending on their country of origin and visa demand.
How much does it cost to apply for EB-1 visa?
The cost of applying for an EB-1 visa can vary depending on several factors, including the specific subcategory of EB-1 visa you are applying for, whether you are adjusting status from within the U.S. or applying from abroad, and any additional services or legal representation you may require.
As of my last knowledge update in September 2021, here are some of the typical costs associated with an EB-1 visa application:
- USCIS Filing Fee: The Form I-140, which is the Immigrant Petition for Alien Worker, is the primary application form for the EB-1 visa. As of September 2021, the filing fee for Form I-140 was $700.
- Premium Processing Fee (Optional): If you want to expedite the processing of your Form I-140, you can choose premium processing for an additional fee. As of September 2021, the premium processing fee was $2,500.
- Adjustment of Status (Form I-485) Fee (if applicable): If you are applying for adjustment of status to become a lawful permanent resident from within the U.S., you will need to file Form I-485. As of September 2021, the filing fee for Form I-485 was $1,140. However, keep in mind that this fee might be different if you are applying from abroad or if there have been any fee updates since then.
- Consular Processing Fee (if applicable): If you are applying for an EB-1 visa from outside the U.S. and need to go through consular processing, there will be additional fees associated with that process. These fees can vary depending on the U.S. embassy or consulate where you have your visa interview.
- Attorney Fees (if using legal representation): Many applicants choose to work with immigration attorneys to navigate the complex EB-1 visa application process. The attorney fees can vary widely depending on the complexity of your case and the experience of the attorney.
It’s essential to remember that government filing fees are subject to change, so it’s crucial to check the U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney for the most up-to-date information on fees. Additionally, fees and procedures may have changed after my last update in September 2021, so it’s essential to verify the current requirements with reliable sources. You can know about remember guy nguyen si kha • bells of gal • 2022.
How long does it take to get an EB-1 visa approved?
The processing time for an EB-1 visa application can vary based on several factors, including the specific subcategory of the EB-1 visa, the USCIS workload, the country of the applicant’s nationality, and whether the applicant is filing for adjustment of status within the U.S. or going through consular processing abroad. As of my last update in September 2021, here are some general guidelines for the processing times:
- EB-1A (Extraordinary Ability) and EB-1B (Outstanding Professors and Researchers):
- USCIS Processing Time: USCIS processing times for Form I-140 (the primary application form for EB-1) were around 6 to 12 months, but it could vary depending on the service center handling the application and the volume of petitions.
- Premium Processing: If you choose to use premium processing (an additional fee), USCIS would adjudicate the application within 15 calendar days.
- EB-1C (Multinational Managers and Executives):
- USCIS Processing Time: Similar to EB-1A and EB-1B, USCIS processing times for Form I-140 under EB-1C could range from 6 to 12 months or longer.
- Premium Processing: Premium processing would also be available for EB-1C petitions.
It’s important to note that the processing times can change over time due to shifts in USCIS workload, policy changes, or other factors. Additionally, the COVID-19 pandemic had an impact on immigration processes, including delays in processing times for many visa categories.
To get the most current and accurate information on EB-1 visa processing times, it’s recommended to check the USCIS website or use the USCIS Case Processing Times tool, which provides estimated processing times for various types of immigration applications based on the USCIS workload and historical data.
Furthermore, if you are applying for an EB-1 visa through consular processing from outside the U.S., the processing time will also depend on the U.S. Department of State’s workload at the U.S. embassy or consulate where you have your visa interview.
Lastly, remember that premium processing is an option that expedites the decision-making process for Form I-140, but it comes with an additional fee.